Minutes of Meeting of the Northern Joint Police Board held in the Council Chamber, Glenurquhart Road, Inverness on Friday, 15 June 2007 at 10.30 a.m.

1. Interim Chairman

The Clerk presided at the meeting, being the first meeting of the Board following the local authority elections, until the Board elected its Convener (item 6 below refers).

2. Membership

There had been circulated and NOTED Report No. pol-23-07 dated 31 May 2007 by the Clerk giving details of the substantive and substitute representatives appointed to the Board by the Constituent Authorities in terms of paragraphs 4(1), 5(3) and 5(7) of the Schedule to the Northern Combined Police Area Amalgamation Scheme Order (item 23 below refers) as follows:

Representing The Highland Council

Substantive Members

Mr John Rosie, 3 Thorsdale View, Thurso, Caithness KW14 7ET (01847) 892939
Mr Graeme M Smith, 15 Breadalbane Crescent, Wick, Caithness KW1 5AS (01955) 605298
Mr William MacKay, 36 Oldhall, Watten, Caithness KW1 5XL (01955) 621337
Mrs Deirdre Mackay, 2 Muirfield Road, Brora, Sutherland KW9 6QY (01408) 621114
Mr William J Ross, An Crasg, West Drummuie, Golspie KW10 6TA (01408) 634440
Mr Martin Rattray, 21 Cromlet Park, Invergordon, Ross-shire IV18 0RN (01349) 853414
Mr David Chisholm, Hadrian House, Great North Road, Muir of Ord (01463) 871681
Mr Hamish Fraser, 8 Scullamus, Breakish, Isle of Skye IV42 8QB (01471) 822929
Mr Drew Millar, Ibrox, 6 Carndearg Place, Portree, Isle of Skye IV51 9PZ (01478) 612895
Mr Ian Renwick, Lochside, Brookside, Clachamish, Portree, Isle of Skye IV51 9NY (01470) 582445
Mrs Pauline Munro, 66a Bruce Gardens, Inverness IV3 5EW (01463) 229266
Mr Peter Corbett, 14 Scorguie Court, Inverness IV3 8ST (01463) 238159
Mr Norrie Donald, 3 Strath Gardens, Dores, Inverness (01463) 751396
Mr John Finnie, 29 Bellfield Park, Inverness IV2 4TA (07796) 286588
Mr Donald Cameron, 66 Riverside Park, Lochyside, Fort William PH33 7RB (01397) 703266
Mr Brian J Murphy, Orchy Villa, Alma Road, Fort William PH33 6HA (01397) 700339

Substitute Members

Ms Linda Munro, 3 Achnabourin, Strathnaver, Kinbrace, Sutherland KW11 6UA (01641) 521424
Mr Donald Mackay, 2 Wilson Terrace, Thurso, Caithness KW14 8AH (01847) 891621
Mr David Bremner, An-Cunairt, Rockhill Road, Hempriggs, Wick, Caithness KW1 5TP (01955) 603220
Mr Richard Greene, 7 Burnside Terrace, Strath, Gairloch, Ross-shire IV21 2BY (01445) 712048
Mr Michael Finlayson, Amberlea, Glenskiach, Evanton, Ross-shire IV16 9UU (01349) 830598
Mrs Carolyn Wilson, 6 Dalmore Farm Cottages, Alness, Ross-shire IV17 0UX (01349) 883978
Mr Alasdair Rhind, Ardenlee, 18 Knockbreck Avenue, Tain, Ross-shire IV19 1LY (01862) 892521
Mr Craig Fraser, Lochaber, Braehead, Avoch, Ross-shire IV9 8QL (01381) 620665
Mr Alan Henderson, The Gantocks, Achintore Road, Fort William PH33 6RN (01397) 702060
Mr Alexander Graham, 9 Rangemore Road, Inverness IV3 5EA (01463) 714022
Miss Janet Campbell, 36 Bruce Gardens, Inverness IV3 5EN (01463) 233260
Mrs Elizabeth McAllister, 17 Harris Road, Damfield, Inverness IV2 3LS
Mr Robert Wynd, Strathlaw, 18 Woodside Farm Drive, Westhill, Inverness IV2 5TD (01463) 794573
Mr Graham Marsden, Keeys Cottage, 2 New Biggins Building, High Street, Auldearn IV12 5TG (01667) 451451
Mr John Holden, 8 Teal Avenue, Inverness IV2 3TB (01463) 235727
Mr Thomas Prag, Windrush, Easter Muckovie, Inverness IV2 5BN (01463) 791697

Representing Comhairle nan Eilean Siar

Substantive Members

Mr Norman M Macleod, 16 Eagleton, Lower Bayble, Point, Isle of Lewis HS2 0QD (01851) 870707
Mr Charlie Nicolson, Leybourne House, 20 James Street, Stornoway, Isle of Lewis HS1 2QN (01851) 703325
Mr Peter Carlin, Grianamul, Bridgend, Creagorry, Benbecula HS7 5PG (01870) 602217
Mr Iain Mackenzie, 7 Ceum a’Bhealaich, Stornoway, Isle of Lewis HS1 2UB (01851) 703956

Substitute Members

Mr Murdo Macleod, 31 Urquhart Gardens, Stornoway, Isle of Lewis HS1 2TX (01851) 702458
Mr Donald I Nicholson, 28a East Street, Sandwick, Isle of Lewis HS2 0AL (01851) 705207
Mr Kenneth M Murray, Carnan House, Shawbost, Isle of Lewis HS2 9BD (01851) 710437
Mr Gerry Macleod, 17 Kenneth Drive, Lochboisdale, South Uist HS8 5TJ (01878) 700460

Representing Orkney Islands Council

Substantive Members

Mr Andrew Drever, Orkavoe, Holm KW17 2RY (01856) 781307
Mr Robert K Leslie, Snelsetr, Inganess Road, Kirkwall KW15 1SP (01856) 872838

Substitute Members

Mr Allan E Leslie, Skerryvore, 7 Victoria Street, Kirkwall KW15 1PB (01856) 873252
Mr Samuel J Harcus, Cotterochan, Westray KW17 2DE (07894) 243843

Representing Shetland Islands Council

Substantive Members

Mr Allison Duncan, 1 Hillock, Dunrossness, Shetland ZE2 9JR (01950) 460821
Mr Alastair Cooper, Linga, Mossbank, Shetland ZE2 9RB (01806) 242468

Substitute Members

Mr Cecil Smith, 1 Westerloch Crescent, Lerwick, Shetland ZE1 0RP (01595) 694875
Mr James Budge, Bigton Farm, Bigton, Shetland ZE2 9JA (01950) 422391

3. Calling of the Roll and Apologies

On the roll being called, the following members were recorded as present:-

Representing The Highland Council

Mr J Rosie
Mr G M Smith
Mr W MacKay
Mrs D Mackay
Mr W J Ross
Mr M Rattray
Mr D J Chisholm
Mr H Fraser
Mr A Millar
Mr I Renwick
Mrs P Munro
Mr N A Donald
Mr J Finnie
Mr D Cameron
Mr B J Murphy

Representing Comhairle nan Eilean Siar

Mr N M Macleod
Mr C Nicolson
Mr M Macleod (Substitute)
Mr I Mackenzie

Representing Orkney Islands Council

Mr A Drever
Mr R K Leslie

Representing Shetland Islands Council

Mr A Duncan
Mr A Cooper

Apologies for absences were intimated on behalf of Mr Peter Carlin, Comhairle nan Eilean Siar.

Officials in attendance:

Chief Constable
Deputy Chief Constable
Mr P Fraser, Force Head of Finance and Asset Management
Ms E Ward, Force Budget Accountant
Mr A Macleod, Force Estates Manager
Ms A Sillars, Force Head of Human Resources
Mr P Lamont, Force Head of Administration
Mr G Butler, Force Procurement Manager
Chief Superintendent L Stewart
Chief Superintendent B Duncan
Mr D Robertson, Treasurer’s Office
Ms R Pieroni, Clerk
Mrs R Moir, Assistant Clerk
Mrs C Nicoll, Clerk’s Office

4. Standing Orders Relating to the Conduct of Meetings

There had been circulated and NOTED copy of the Board’s Standing Orders Relating to the Conduct of Meetings, previously approved by the Board in August 2002.

5. Office Bearers’ Remuneration

There had been circulated and NOTED Report No. pol-24-07  dated 23 May 2007 by the Clerk on the level of remuneration to be paid to the Convener and Vice Convener in terms of the relevant Regulations and Scottish Executive guidance on their content and implications.

6. Appointment of Convener and Vice Convener

i. Convener

In terms of Paragraph 7(1) of the Schedule to the Northern Combined Police Area Amalgamation Order Scheme, the Board was advised that it was required to appoint a Convener.

Mr J Finnie, seconded by Mr M Macleod, nominated Mr N M Macleod, Comhairle nan Eilean Siar.

Mr B Murphy, seconded by Mr A Millar, nominated Mr W J Ross, the Highland Council.

In a vote by ballot between the two candidates, Mr N M Macleod received 14 votes and Mr W J Ross received 10 votes.

The Board therefore AGREED to appoint Mr N M Macleod as Convener of the Board.

Mr N M Macleod then took the chair.

ii. Vice Convener

In terms of Paragraph 7(1) of the Schedule to the Northern Combined Police Area Amalgamation Order Scheme, the Board was advised that it was required to appoint a Vice Convener.

Mr B Murphy, seconded by Mr A Millar, nominated Mr W J Ross, the Highland Council.

Mr P Corbett, seconded by Mr N Donald, nominated Mr J Finnie, the Highland Council.

In a vote by ballot between the two candidates, Mr W J Ross received 13 votes and Mr J Finnie received 11 votes.

The Board therefore AGREED to appoint Mr W J Ross as Vice Convener of the Board.

7. Sub Committees and Working Groups

There had been circulated Report No. pol-25-07  dated 22 May 2007 by the Clerk outlining the recommended scheme of Sub-Committees and Working Groups.

The Board APPROVED the recommended scheme and made the following appointments:-

Support Staff Appeals Sub-Committees:

The Board AGREED to appoint a Discipline Appeals Sub-Committee and a Grievance Appeals Sub Committee as undernoted, whose remit would include delegated powers to act in relation to the hearing, consideration and determination of appeals by support staff in terms of any nationally agreed Scheme of Conditions of Service or the Board's own grievance and disciplinary procedures.

i. Discipline Appeals Sub-Committee

Convener
Mr John Rosie
Mr Martin Rattray
Mr John Finnie
Mr Brian Murphy
Mr Alastair Cooper
Mr Robert Leslie

ii. Grievance Appeals Sub-Committee

Vice Convener
Mrs Deirdre Mackay
Mr John Finnie
Mr Andrew Millar
Mr Peter Carlin
Mr Alastair Cooper
Mr Andrew Drever

iii. Independent Custody Visiting Sub-Committee

The Board AGREED to appoint an Independent Custody Visiting Sub-Committee as undernoted, whose remit would include consideration of matters arising from Independent Custody Visiting reports and delegated powers to appoint Independent Custody Visitors.

Convener
Vice Convener
Mr David Chisholm
Mr Ian Renwick
Mrs Pauline Munro

iv. Police Appeals Tribunal Sub-Committee/Police Appeals Tribunal Member

The Board AGREED to appoint a Police Appeals Tribunal Sub-Committee as undernoted, whose remit would include delegated powers to appoint the members of any Police Appeals Tribunal that the Board might be required to establish.  Members also AGREED to appoint a representative to sit on any future Police Appeals Tribunal that might be established, and also a substitute representative, should such be required.

Police Appeals Tribunal Sub-Committee

Mr William MacKay
Mr Hamish Fraser
Mr Charles Nicolson
Mr Alastair Cooper
Mr Andrew Drever

Police Appeals Tribunal Member

Member: Convener
Substitute:  Mr Peter Corbett

v. Finance and Policy Working Group

The Board AGREED to appoint a Finance and Policy Working Group as undernoted, whose remit would include:

(a) consideration of budget strategy and the annual draft revenue estimates and capital plan, in particular preliminary consideration of:
• all matters relating to the preparation of the Annual Revenue Budget and the requisitions to be made on the Constituent Authorities
• all matters relating to the preparation of the Financial Plan and Capital Estimates;
(b) consideration of major consultation responses arising between scheduled Board meetings;
(c) at the request of the Convener, consideration of other matters arising between scheduled Board meetings;
(d) consideration of such other matters as the Board may from time to time specify; and
(e) delegated powers to act in relation to the disposal of applications by any member of staff for financial assistance in connection with representation in civil and/or criminal proceedings, brought in consequence of their actions in connection with the performance of their duties, on occasions when applications were submitted in circumstances where the Chief Constable considered that assistance was not applicable, or in relation to proceedings in any other circumstances.

Convener
Vice Convener
Mr Graeme Smith
Mr Martin Rattray
Mr Andrew Millar
Mr Norrie Donald
Mr Brian Murphy
Mr Iain Mackenzie
Mr Alastair Cooper
Mr Robert Leslie

vi. Complaints Working Group

The Board AGREED to appoint a Complaints Working Group as undernoted, whose remit would include:

(a) consideration of reports as to how complaints by members of the public had been dealt with by the Force;
(b) preliminary consideration of complaints received against senior officers, with a view to making recommendations to the full Board on whether or not further action was required;
(c) delegated powers to act in relation to the taking of decisions to request that Her Majesty's Inspectorate of Constabulary submit a report on examination of how the Chief Constable had dealt with complaints against police officers and on the outcome of reconsideration.

Vice Convener
Mr Graeme Smith
Mr David Chisholm
Mr Ian Renwick
Mr Norrie Donald
Mr Brian Murphy
Mr Iain Mackenzie
Mr Allison Duncan
Mr Robert Leslie

vii. Audit Working Group

The Board AGREED to appoint an Audit Working Group as undernoted, whose remit would include:

(a) consideration of reports from the Internal Auditor on issues including the adequacy of the Force’s/Board's financial systems, policies and practices and their compliance with the relevant statutes, standards and guidance;
(b) review and approval of the Internal Audit Programme;
(c) consideration of  management reports by the Board's External Auditor;
(d) monitoring of implementation by the Force of recommendations by Audit Scotland;
(e) monitoring of implementation by the Force of recommendations by Her Majesty's Inspectorate of Constabulary;.
(f) consideration of Best Value issues; and
(g) consideration of risk management procedures.

Vice Convener
Mr John Rosie
Mr Martin Rattray
Mr Peter Carlin
Mr Allison Duncan
Mr Andrew Drever

viii. Northern Joint Police Board and Police Staff Associations Liaison Group

The Board AGREED to appoint the following Members to the Northern Joint Police Board and Police Staff Associations Liaison Group, whose remit would include:

(a) to provide a means of consultation between the Northern Joint Police Board and Northern Constabulary Staff Associations; and
(b) to consider and, if necessary, make recommendations to the Board about matters properly the concern of the Police Authority.

Mrs Pauline Munro
Mr Charlie Nicolson
Mr Allison Duncan
Mr Andrew Drever

8. Appointments to Northern Constabulary Force Review Programme Board

At its meeting held on 30 March 2007, the Board had noted a briefing from the Chief Constable on progress on the Force Review Project and that the Board would be invited to appoint two Members to the Force Review Programme Board.

The Board AGREED to nominate the Convener and Vice-Convener to serve as the Board’s representatives on the Force Review Programme Board.

9. Appointments to Outside Bodies

i. Employers Side of the Negotiating Body for Police Support Staff

The Board AGREED to nominate the Convener to serve as the Board’s representative on the Employers Side of the Negotiating Body for Police Support Staff, with the Vice Convener as substitute representative.

ii. COSLA Appointment to the Official Side of the Negotiating Body for Police Officers

The Board AGREED to nominate the Vice Convener for consideration by COSLA when making its appointments to the Official Side of the Negotiating Body for Police Officers.

iii. Shetland Community Planning Board

The Board AGREED to nominate Mr Alastair Cooper as the Board representative to serve on the Shetland Community Planning Board.

10. Revenue Budget

i. Revenue Budget Monitoring Statement 2007/08

There had been circulated Report No. pol-26-07 dated 6 June 2007 comprising a statement and commentary by the Chief Constable on Revenue Expenditure and Income for the period 1 April to 31 May 2007.

The Board NOTED the current revenue position and AGREED to transfer the income received in respect of pension transfer values to the Pension Commutations Budget.

ii. Revenue Budget 2007/2008

There had been circulated Report No. pol-27-07 by the Chief Constable informing Members of the revenue budget position for 2007/2008.

In reply to concerns raised regarding the transfer of Forensic Science Services to the Scottish Police Services Authority (SPSA), the Chief Constable reported that there would be no impact on staffing or service provision as a result of this transfer. Staff dedicated to Crime Support and Crime Scene Management had transferred to the SPSA on 1 April 2007 but continued to be managed locally.

The Board NOTED the 2007/2008 budget position and AGREED that a year-end adjustment be made in respect of Constituent Authority requisitions.

11. Capital Expenditure Monitoring Statement 2007/08

There had been circulated and was NOTED Report No. pol-28-07  dated 6 June 2007 by the Chief Constable on Capital Expenditure for the period 1 April to 31 May 2007.

12. Estate Management Programme

There had been circulated Report No. pol-29-07  dated 1 June 2007 by the Chief Constable providing a summary of capital development works on the Police Estate.

In reply to Members’ queries, the Estates Manager explained that the upgrading of the custody suite and extension of office facilities in Stornoway was still in the development stage and had not as yet received capital allocation.  Members were also advised that tenders for the construction of a new Police Station in Whalsay would be returned in the near future; it was hoped that an award of contract would be made for this project before the end of June 2007.

The Chief Constable reported that a business case for capital projects was currently being developed which, in the first instance, would be submitted to the Force Capital Programme Monitoring Board and would then be brought to a future meeting of the Board for consideration.  He informed Members that he would submit a report to the next meeting of the Board informing Members of the capital projects currently in development.

The Board NOTED the position.

13. Procurement Activity

There had been circulated and NOTED Report No. pol-30-07 dated June 2007 by the Chief Constable providing a summary of recent significant non-Works procurement activity.

14. Gender Equality Duty

Members were advised that the Equality Act 2006 provided that, from April 2007, all public bodies had a duty to promote gender equality (similar to the duties to promote race equality under the Race Relations (Amendment) Act 2000 and disability equality under the Disability Discrimination Act 2005).  The Act required both the Chief Constable and the Board to have developed Gender Equality Schemes by 29 June 2007.

There had been circulated Report No. pol-31-07 dated 23 May 2007 by the Clerk setting out a draft Northern Joint Police Board Gender Equality Scheme and advising that copies of the Chief Constable’s Scheme would be circulated to all Members in due course.

There had also been circulated for noting Report No. pol-32-07  by the Chief Constable on progress on the development of his Scheme.

Members APPROVED the draft Northern Joint Police Board Gender Equality Scheme, subject to the deletion of the words ‘endeavour to’ from line 2 of page 8 of the Scheme, and NOTED:

i. the progress on the development of the Chief Constable’s Scheme; and
ii. that reviews of the Board’s Race Equality and Disability Equality Schemes would be brought to a future meeting of the Board.

15. Chief Constable’s Periodic Report

There had been circulated for noting Report No. POL33/07 by the Chief Constable comprising his Periodic Report and covering the following issues:-

i. Crime and Road Accident Statistics;
ii. Crime Situation;
iii. Update from Operational Support Service Unit; and
iv. Mountain Rescues

In speaking to the report, the Deputy Chief Constable was pleased to inform the Board of a number of recent significant drugs seizures and also drugs-related convictions.  He also reported that the recent Rockness Festival had proved a great success in terms of policing, with a relatively small number of people arrested in relation to alleged Class A drugs offences.

Members expressed their concern about the potential for those involved in small-scale crime to progress to more serious crime .  Mention was made of a successful initiative being carried out in Caithness and Sutherland involving local schools which highlighted the serious consequences of crime and its impact on communities and it was suggested that the details of this initiative could be rolled out to other Area Commands as an example of best practice.

In reply to concerns raised regarding the use of mobile phones whilst driving, the Deputy Chief Constable reported that the Force had been active in implementing high profile campaigns to raise awareness amongst the general public of the penalties for the illegal use of mobile phones whilst driving and also highlighting the possible dangers and consequences.

During discussion, Members congratulated the Force on the high standard of policing at various recent events throughout the area and questioned whether the costs for the provision of policing services were recovered from such events.  The Chief Constable explained that cost recovery formed part of the negotiations with events organisers.   In reply to further queries, the Chief Constable agreed to submit a report to the next meeting of the Board providing a breakdown of these costs and outlining the process used for their recovery.

Following further discussion, the Board NOTED the report.

16. Letters of Appreciation

There were tabled for noting 24 letters of appreciation by the Chief Constable for the period 1 March to 30 April 2007.  There had also been circulated and was NOTED Report No. pol-34-07  dated 14 May 2007 by the Chief Constable illustrating letters of appreciation.

17. Complaints against the Police

There had been circulated and was NOTED Report No. pol-35-07 dated 14 May 2007 by the Chief Constable regarding complaints against Police Officers from 1 March to 30 April 2007.

The Board AGREED that the Complaints Books specifying complaints against the Northern Constabulary, which would be available for inspection by Members prior to the meeting, be declared exempt information by virtue of Paragraph 1 of Part I of Schedule 7A of the Local Government (Scotland) Act 1973.

18. Minutes – Previous Meeting

There had been circulated and were APPROVED Minutes of the Board meeting of 30 March 2007.

19. Recess Powers

Members NOTED that the recess powers granted by the Board at its meeting held on 30 March 2007 had required to be exercised in relation to:

• the grant of legal assistance to a police officer, on the recommendation of the Chief Constable, in terms of Police Circular 18/1978;
• the approval of an ill-health retirement, on the recommendation of the Chief Constable, in terms of the Police Pensions Regulations 1997.

20. Schedule of Meetings

Members having been advised that (i) it had been the Board’s practice to meet 4 times in most calendar years and 5 times in an election year, and (ii) when selecting meeting dates, every effort was made to minimise conflict with the Constituent Authorities’ own schedules of meetings and also, as appropriate, to take into account the requirements of the budgetary process, the Board AGREED that the next two meetings of the Board take place in Inverness on Friday 14 September 2007 and Thursday 22 November 2007.

21. Execution of Deeds

The Board NOTED the deeds recently executed on behalf of the Board, as set out in the Agenda for the meeting.

22. Corporate Governance

There had been circulated and was NOTED a copy of the Board’s Scheme of Delegation to Officers, approved by the Board at its meeting on 18 November 2003, with wording slightly amended for clarity and to reflect subsequent Board decisions.  The Board also NOTED that the content of the report would be combined with the scheme of Sub-Committees and Working Groups approved at item 7 above to produce a composite Scheme of Reference and Delegation to Sub-Committees, Working Groups and Officers.

There had also been circulated and was NOTED a copy of the Board’s Financial Regulations, previously approved by the Board at its meeting on 29 August 2003.  The Board also NOTED that these Financial Regulations were currently subject to review and that any recommended changes would be brought to a future meeting of the Board.

There had also been circulated and were APPROVED draft Standing Orders relating to Contracts, recently revised by the Force Procurement Manager in consultation with the Head of Internal Audit, the Highland Council.

23. Members’ Guidance

There had been circulated and was NOTED Report No. pol-36-07  dated 29 May 2007 by the Clerk (i) advising Members of the provisions of the Northern Combined Police Area Amalgamation Scheme Order 1995 on the constitution, membership and functions of the Board and (ii) outlining the principal responsibilities and functions of the Board. 

Members also NOTED the arrangements for a National Training Event in Glasgow on 27 June 2007 and that arrangements would be made for further local induction training.

The meeting closed at 12.10 p.m.